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Full-Text Articles in Law

A Diversity Theory Of Charitable Tax Exemption—Beyond Efficiency, Through Critical Race Theory, Toward Diversity, David A. Brennen Oct 2006

A Diversity Theory Of Charitable Tax Exemption—Beyond Efficiency, Through Critical Race Theory, Toward Diversity, David A. Brennen

Law Faculty Scholarly Articles

What is the normative rationale for the federal income tax exemption for nonprofit charitable corporations? Even though the exemption dates back to 1894, Congress has failed to fully rationalize it. Though scholars and courts have attempted over the years to come up with a coherent rationale for the charitable tax exemption, their attempts are focused almost exclusively on economic efficiency. Thus, the charitable tax exemption is typically framed by noted tax scholars like Boris Bittker, Henry Hansmann, and others as an economically efficient means of providing certain goods and services to the public. Rationalizing the charitable tax exemption in economic …


Nontaxable, Like-Kind Exchanges Under Internal Revenue Code Section 1031, Anthony J. Cataldo Ii Jan 2006

Nontaxable, Like-Kind Exchanges Under Internal Revenue Code Section 1031, Anthony J. Cataldo Ii

College of Business & Public Management Faculty Books

This book takes the form of 3 courses, at Introductory, Intermediate and Advanced levels. Each course or level contains 6 sections and each section contains 17 to 21 questions, with the correct answer in bold type, to reinforce the learning. IRS or Treasury Department guidance and professional journal articles become available, every few years, but the basic concepts and mechanics for a successful IRC §1031 exchange are not likely to change. Therefore, by retaining this material and adding articles as they become available via Internet or library searches, you should be able to maintain a high level of expertise …


Taxes That Work: A Simple American Plan, Michael J. Graetz Jan 2006

Taxes That Work: A Simple American Plan, Michael J. Graetz

Faculty Scholarship

In November 2005, the President's Advisory Panel on Tax Reform, appointed by President Bush to suggest options for reforming and simplifying the federal tax code, unanimously recommended two alternative plans: a "simplified income tax" (SIT) and a "growth and investment tax" (GIT). The two plans shared much in common. For example, both would: (1) Reduce the top marginal tax rate-to 33% under the SIT plan and 30% under GIT plan; (2) eliminate the alternative minimum tax (AMT); (3) replace the earned income tax credit (EITC) and refundable child credits with a "work credit"; (4) replace personal exemptions, the standard deduction, …


A Lifetime Income Tax, Herwig J. Schlunk Jan 2006

A Lifetime Income Tax, Herwig J. Schlunk

Vanderbilt Law School Faculty Publications

Under current tax law, there can be considerable period-by-period divergence between a taxpayer's after-tax income and her desired or actual consumption. This divergence will cause the taxpayer to borrow. One can view such borrowing either as being incurred to fund consumption, or as being incurred to fund the taxpayer's income tax payments. If one takes the latter view, one can ask whether a good income tax law should force a taxpayer to borrow to pay her taxes. I answer the question in the negative, and propose a lifetime income tax that would eliminate the need for typical taxpayers to borrow …